NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal has issued an order disposing of the petition for declaratory statement filed by William A. Wagner, III, on August 14, 2012. The following is a summary of the agency's disposition of the petition:
This Petition for declaratory statement is being sought under Florida Statutes 633.121; 633.161; 633.025; 509.013; 553.895; 509.242; and F.A.C. 69A-43.019; 69A-3.012; 69A-43; FL Fire Prevention Code LSC-101 sections 3.3.143; 3.3.42; 3.3.83; 3.3.83.1; 3.3.267; and Florida Fire Prevention Code NFPA-1 sections 1.3.4; 4.5.7; 4.5.7.1 as it applies to a structure at 84791 Overseas Hwy., Islamorada, FL. The Village Fire Official has determined, by fire safety inspection, that a portion of the structure is being utilized as a bed and breakfast. The Village Fire Official believes a bed and breakfast use is a “transient public lodging establishment,” within the meaning of Section 509.242(1) F.S., Chapter 69A, sections 43.003, 43.004(2), F.A.C., and NFPA 101, Life Safety Code, section 28.1.1.3. The Declaratory Statement answers the petition by interpreting the above referenced statues and rules for the petitioner.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Mandy O’Callaghan, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0333, phone (850) 413-4150, fax number (850) 488-0697 (please advise if you would like it mailed or faxed to you and please include your phone number on your request in case any question arises), or by e-mailing your request Mandy.O’Callaghan@myfloridacfo.com.